The URL can be used to link to this page

Home My Public Portal AboutBoard of Health -- 2023-12-06 Minutes�R>EWS 0 qx M 3� �' N 1 ORPO PA 50, riiiruii�rrrrrll i Inttittul�� Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 W W W.BREW STER-MA. GOV Board of Health Meeting Wednesday, December 6, 2023 at 6:30PM Town Hall, Room A Health Departmenti:••.• i,ar. Amy L. von Hone, R.S., C.H.O. Director ; Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant Board members present: David Bennett, Chair; Kimberley Crocker Pearson, MS, MD, MPH, Vice Chair; Penny Holman, MPH, MA, MS; Abigail Archer and John Keith Others present: Amy von Hone, R.S., C.H.O., Health Director; Sherrie McCullough, R.S., Assistant Health Director, Donna Kalinick, Assistant Town Manager; Attorney Greg Corbo (virtual); Tracy Wick, Maintenance Supervisor at Brewster Woods and John Tadema- Wielandt, Bennett Environmental Services Call to order The meeting was called to order at 6:30PM. 2. Declaration of a quorum Quorum present. 3. Recording statement Noted. 4. Chair announcements None. 5. Citizen's forum None. 6. Discussion and vote on request to terminate site assignment on Freeman's Way as part of landfill closure for redevelopment into a solar photovoltaic array DB recused himself. KCP took over the meeting. John Tadema-Wielandt from Bennett Environmental Services was present. KCP told the Board that the Site Assignment is closing, and a solar array will be placed on the site. All the requirements of the current owner have been fulfilled. The project did go before the Planning Board, WQRC and DEP and all approved the proposed solar array. The new owners have agreed to yearly monitoring. The BOH's role is to make sure all of this is completed and to hold a vote to approve the closure of the exiting Site Assignment. JTW noted that some of the monitoring results showed a higher limit of Arsenic and Iron and noted that it is normal to see that and there is no cause for concern. A resample showed no trace of anything. AVH stated that when the Planning Board approved this project, they included a WQRC Certificate in the decision. This project will need to come back to the WQRC on a periodic basis to have the certificate renewed. Motion: Approve the termination of the Site Assignment on Freemans Way as part of the landfill closure for re -development into a Solar Array. Motion: Penny Holeman Second: John Keith Vote: 4-0 Action: Motion carried David Bennett took over as Chair. 7. Maureen Henderson — 40 Brewster Woods Drive, Unit 209- seek service of Enforcement Order on Brewster Woods (POHA) for violations of 105 CMR 410.000 of the Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter 11) DB noted that Maureen Henderson requested to have this matter continued to the December 201h meeting. Motion: Continue this matter to the December 20, 2023 BOH meeting. Motion: Kimberley Crocker Pearson Seconded: Penny Holeman Vote: 5-0 Action: Motion carried The BOH apologized to the Brewster Woods people online that were not notified prior to the start of the meeting about the requested continuance. John Tadema Wielandt, Director of Maintenance Facilities asked if they would still be allowed to move forward with scheduled maintenance and remediation. AVH told him that POAH needs to communicate with the tenant, and the Health Department is not stepping in between them in regard to the work to be done. 8. Ratification of Emergency Condemnation Order issued 12/1/23 at 94 Belmont Park Road AVH explained that the owner of the property was renting illegal apartments at this house. This has been going on since 2020. The home is an existing single family, 3 bedrooms. It was built in 1990 (the home was originally approved for 2 bedrooms under the 1978 code, but additional work was permitted in 1992 to finish off the second story). She believes that this is a grandfathered 3 -bedroom home. The property is in a Zone of Contribution and is serviced by a private well and is also in the DCPC area, which means the property is limited to the number of bedrooms. The owner has been renting rooms to tenants both upstairs and down in the basement (2 bedrooms, 1 bathroom). The rooms in the basement are not legally habitable bedrooms because of Building, Fire & Health codes. There are also restrictions on the house because it is a deed restricted affordable home. What allowed us to get to this point was that a tenant complained a year ago about the conditions, but the Health Department was never allowed access to the unit (by the tenant). In September, the Health Department received a complaint from another tenant, but they didn't want the Health Department to do an inspection at that time. The tenant got back in touch with the Health Department later and gave permission for an inspection to be done because she was moving out. An inspection was organized and included reps from Health, Building, Fire and Police. It was confirmed that the basement was being used as an illegal bedroom space. Town Counsel advised the BOH to place an emergency condemnation order on the basement space so the owner knows that he cannot use the space as livable sleeping space. The owner was verbally notified as he was not onsite when the condemnation order was posted. The BOH needs to ratify this order that was posted on 12/1/23. Attorney Corbo- there is a deed restriction on this property that does prohibit renting to Std parties. - There are several serious health code violations - The rooms were not built to become habitable living spaces. Under the State Sanitary Code, the Health Department has the ability to issue an emergency condemnation order subject to ratification by the BOH. He did not recommend delaying the ratification even though the owner was not present at the meeting. DK reiterated the fact that this house is deed restricted because it is an affordable home. The primary concern is the safety of anyone living at the property. Motion: Ratify the Emergency Condemnation Order issued for 94 Belmont Park Road. Motion: Penny Holeman Second: Kimberley Crocker Pearson Vote: 5-0 Action: Motion carried Attorney Corbo stated that now that the BOH has ratified this condemnation order, it is a criminal act for the owner to remove the placard (sign) on the door at the home. The owner can request a hearing to have the order lifted. DK asked Attorney Corbo what would happen if the owner violated the condemnation order. Attorney Corbo stated that the Town could file an action in Housing Court asking them to order enforcement of the BOH condemnation order and civil penalties and fines could be placed on the owner if he rented the condemned space to someone. The owner may also be required to relocate the tenant at their own cost. 9. Discussion and vote on Pressure Dose System Public Outreach second notice letter DB spoke about AVH's concerns with this letter. He asked the Board if they were in agreement to send out a second letter. AVH-changes made to the letter were to make the language more forceful. She stated that she was against this process from the beginning because people are not aware that this is a requirement, and no one has ever enforced this regulation. Another reason is that homeowners will know right away if there is something wrong with their systems. She stated that she doesn't see the benefit in enforcing these regulations. She also told the Board that she does not have the manpower to do "enforcement". JK- he feels it is a public health issue and the BOH should move forward with a second letter. KCP- makes more sense to put resources into the I/A system enforcement and maybe archive the pressure dose systems for a while. PH — we can't assume that people received the letter. Doesn't know if the BOH needs to push forward with enforcement. She would like to see the changes AVH made and review them at the next meeting. Motion: Continue this until the next meeting so revisions can be reviewed by the Board. Motion: Kimberley Crocker Pearson Second: John Keith Vote: 5-0 Action: Motion carried 10. Review & approve minutes from 11/15/23 meeting Motion: Approve minutes as written Motion: Kimberley Crocker Pearson Second: Penny Holeman Vote: 4-0-1 (AA Abstained) Action: Motion carried 11. Liaison Reports JK — WQRC- nothing to report. PH- COA — nothing to report AA -Recycling Committee- the textile recycling program has now switched to Bay State Textiles -Boy Scout recycling program in the shed has picked back up -there is a new hazardous waste shed from Covanta -Anti Liter Bylaw was discussed - "Fix it" session will be held at the Brewster Ladies Library on February 24th - new liter pick up kits are available at the Brewster Ladies Library - planting pots are an issue in the spring. A working group will be looking at this issue - there is a Christmas light recycling bin available at the Recycling Center - on 1/1/24 the nip ban goes into effect. KCP — Opioid Committee — nothing to report DB — WWTF — nothing to report 12. Matters not reasonably anticipated by the Chair None. 13. Items for next agenda Second pressure dose letters, 40 Brewster Woods Drive 14. Next meeting: December 20, 2023 Noted. Informational items noted. Meeting adjourned at 7:50PM *Accompanying documents in packet: agenda, minutes, site assignment paperwork, informational items